USA v. Real property located at 9445 Fruitridge Road, Sacramento, California, Sacramento County, APN Nos: 063-0060-045 and 063-0060-046
Filing
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STIPULATION and ORDER signed by District Judge John A. Mendez on 8/26/16 ORDERING that the matter is continued STAYED until 11/28/16; on or before 11/28/16, the parties will advise the court whether a further stay is necessary. (Washington, S)
PHILLIP A. TALBERT
Acting United States Attorney
2 KEVIN C. KHASIGIAN
Assistant U.S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: (916) 554-2700
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Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
Plaintiff,
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2:11-CV-01902-JAM-DB
REQUEST FOR EXTENSION OF STAY OF
FURTHER PROCEEDINGS AND ORDER
v.
REAL PROPERTY LOCATED AT 9445
FRUITRIDGE ROAD, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY,
APN NOS: 063-0060-045 AND 063-0060-046
INCLUDING ALL APPURTENANCES AND
IMPROVEMENTS THERETO,
DATE: N/A
TIME: N/A
COURTROOM: N/A
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Defendant.
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The United States of America and David Johns, Mary Johns, and Major Amos Nilson and Lucy
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H. Nilson, Trustees of the Nilson Family Revocable Trust (hereafter referred to collectively as
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"claimants") submit the following Request for Extension of Stay of Further Proceedings and Proposed
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Order.
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This matter was previously stayed on September 15, 2011, November 28, 2011, February 1, 2012,
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May 1, 2012, August 1, 2012, November 1, 2012, January 30, 2013, April 30, 2013, July 30, 2013,
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October 30, 2013, March 27, 2014, September 8, 2014, March 4, 2015, September 22, 2015, December
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28, 2015, February 26, 2016 and May 26, 2016, based on the on-going criminal investigation into
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marijuana cultivation at 9445 Fruitridge Road, Sacramento, California (hereafter "defendant property").
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To date, several individuals have been charged with federal criminal crimes related to marijuana
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Request for Extension of Stay of Further
Proceedings and Order
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cultivation at the defendant property, Case Nos. 2:11-CR-00275-JAM and 2:11-CR-00276-JAM; but
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neither David Johns nor Mary Johns, the record owners of the defendant property, have been charged
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with any criminal offense by state, local, or federal authorities.
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1.
Each of the claimants has filed a claim to the defendant property. Claimants David Johns,
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Mary Johns, Major Amos Nilson, and Lucy H. Nilson have not yet filed their Answers and will not be
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required to do so until the stay contemplated by this stipulation expires.
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2.
The stay is requested pursuant to 18 U.S.C. § 981(g)(1), 981(g)(2), and 21 U.S.C. § 881(i).
The United States contends that the defendant property was used to facilitate the cultivation of marijuana.
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It is the United States’ position that the statute of limitations has not expired on potential
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criminal charges relating to the marijuana grow at the defendant property. Nevertheless, the United
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States intends to depose claimants David and Mary Johns regarding their ownership of the defendant
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property, as well as their knowledge and participation in large scale marijuana cultivation, including the
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marijuana grow at the defendant property. If discovery proceeds at this time, claimants will be placed in
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the difficult position of either invoking their Fifth Amendment rights against self-incrimination and
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losing the ability to pursue their claims to the defendant property, or waiving their Fifth Amendment
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rights and submitting to a deposition and potentially incriminating themselves. If they invoke their Fifth
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Amendment rights, the United States will be deprived of the ability to explore the factual basis for the
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claims they filed with this court.
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In addition, claimants intend to depose, among others, the agents involved with this
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investigation, including but not limited to the agents with the Drug Enforcement Administration and the
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Internal Revenue Service. Allowing depositions of the law enforcement officers at this time would
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adversely affect the ability of the federal authorities to investigate the alleged underlying criminal
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conduct.
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5.
The parties recognize that proceeding with these actions at this time has potential adverse
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effects on the investigation of the underlying criminal conduct and/or upon the claimants' ability to prove
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their claim to the property and to assert any defenses to forfeiture. For these reasons, the parties jointly
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request that the matter be stayed until November 28, 2016, in accordance with the terms of this
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stipulation.
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Request for Extension of Stay of Further
Proceedings and Order
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At that time the parties will advise the court of the status of the criminal investigation, if any, and will
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advise the court whether a further stay is necessary.
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Dated: 8/26/16
PHILLIP A. TALBERT
Acting United States Attorney
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By:
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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
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Dated: 8/24/16
/s/ Brenda Grantland
BRENDA GRANTLAND
Attorney for claimants
David Johns and Mary Johns
Dated: 8/25/16
/s/ Douglas A. MacDonald
DOUGLAS A. MACDONALD
Attorney for claimants Major
Amos Nilson and Lucy H. Nilson
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(Signatures authorized by email)
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ORDER
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For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C. § 981(g)(1), 981(g)(2),
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and 21 U.S.C. § 881(i) until November 28, 2016. On or before November 28, 2016, the parties will
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advise the court whether a further stay is necessary.
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IT IS SO ORDERED.
Dated: 8/26/2016
/s/ John A. Mendez____________
JOHN A. MENDEZ
United States District Court Judge
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Request for Extension of Stay of Further
Proceedings and Order
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